Restraints of
Importation.

Spicery, &c. from Netherlands.

but that in which they were produced, and others are forbidden to be brought from the Netherlands or Germany. It is enacted by the stat. 12 Car. 2. c. 18. s. 4. that no goods or commodities of foreign growth, production, or manufacture (1) (which, it was provided, should be brought into England, Ireland, Wales, Guernsey and Jersey, or Berwick, in English-built shipping or other shipping belonging to some of the aforesaid places, and navigated by English mariners) shall be shipped or brought from any other places but those of the growth, production, or manufacture, or from those ports where the said goods and commodities can only be, or are, or usually have been first shipped for transportation, and from no other places. The stat. 19 Geo. 3. c. 48. was passed in consequence of doubts having arisen whether such goods as are included in this provision, if carried from the place of their production into any foreign parts of Europe and manufactured there, might not be imported into this kingdom, and the other dominions of his majesty mentioned in the stat. 12 Car. 2. from the European countries in which they had been manufactured; and after reciting that the importation of goods so manufactured would be prejudicial to the trade and navigation of Great Britain, as well as to the artificers employed in manufacturing, it proceeds to enact, that the statute 12 Car. shall not extend to allow any goods whatsoever of the production of Africa, Asia, or America, and although afterwards manufactured in foreign parts, to be imported into Great Britain, Ireland, or the islands of Guernsey, Jersey, or Man, unless they have been manufactured in the place in which they were grown and produced, or in which they were first shipped for transportation (2). The 13 and 14 Car. 2. c. 11. s. 23. enacts that no sort of wines (other than Rhenish), no sort of spicery (3), grocery (4), tobacco, potashes (5), pitch (5), tar (5), salt (6), rosin (7), deal boards, fir-timber (7), or olive-oil (8), shall be imported into England from the Netherlands or Germany (9). This act has been

(1) i. e. goods of Asia, Africa, and America. 19 G. 3. c. 48. Reeves, 2d ed. 121. Pope, tit. 1.

(2) See Pope, tit. 1. and s. 2. of 19 Geo. 3. as to oil of cloves and some other articles; and see as to East India goods 12 Car. 2. c. 18. s. 13. 57 Geo. 3. c. 9. s. 1.

(3) See however the regulations of 3 and 4 Ann. c. 4. s. 6. 8 Ann. c. 7. s. 13. 6 Geo. 1. c. 21. s. 45. 8 Geo. 1. c. 18. s. 21. Pope, tit.

(4) See however 56 Geo.3.c.37. (5) Pope, tit. 182. 47 Geo.3. sess. 2. c. 27.

(6) Pope, tit. 175. Foreign salt for curing fish, when free from duty, 38 Geo. 3. c. 89. s. 12.

(7) But see 6 Geo. 1. c. 15, s. 23. 46 Geo. 3. c. 117. s. 1. 51 Geo. 3. c. 43. s. 1. Pope, tit. 189.

(8) Pope, tit. 167.
(9) Pope, tit. 1.

repealed so far as it prohibits deal boards and fir timber from Restraints of Importation. Germany (1), and so far as it relates to prunes the produce of that empire (2). It seems that the exception in favour of Rhenish wines extends to all wines of the growth of Germany or the emperor's dominions thereabouts,-that it is not to be confined to the strict literal sense of the words, namely, to such wines as grow on the borders of the Rhine, but must be taken according to the common acceptation by which all wines of the growth of Germany or the emperor's dominions are generally called Rhenish (3). It is also contrary to law to import tea into the kingdom Tea only from from any place but that of its growth, although the same tea may have been formerly exported from this country (4). We have already fully considered the different provisions of the navigation laws, as it affects the importation of foreign goods to this country or its colonies. (5)

Place of Growth.

The circulation of counterfeit or bad money, has been also Counterfeit guarded against by prohibiting it to be brought into the kingdom. Money. Importing counterfeit money resembling the money of England, knowing it to be false, in order to utter it in this country, amounts to the crime of high treason (6). Importing counterfeit gold and silver coin made current within the realm by proclamation, &c., knowing it to be counterfeit, and with intent to utter it in this kingdom, is also high treason (7). Knowingly importing counterfeit bank tokens, with intent to utter them in this kingdom, has been made felony, punishable with seven years' transportation (8). The 14 Geo, 3. c. 42., which was passed in consequence of old silver coin, greatly below the standard of the mint in weight and fineness, having been imported into the kingdom, prohibited the importation of light silver coin purporting to be the coin of the realm from foreign countries (9). The statute 37 Geo. 3. c. 126. enacts, that if any person shall bring into the realm any

(1) 6 Geo. 1. c. 15. s. 1. Pope, tit. 1. reg. 21. Smith, W. of N. b. 4. c. 2.

(2) 56 Geo. 3. c. 37.

(3) Reeves, 2d ed. p.166. Pope, tit. 1. rule 21. note b.

(4) 11 Geo. 1. c. 30. s.8. Pope, tit. 184.

(5) Ante 169 to 264.

(6) 25 Edw. 3. st. 5. ch. 2. (7) 1 & 2 P. & M. c. 11.

(8) 51 Geo. 3. c. 110. and see 44 G. 3. c. 71. s. 2. as to counter feit dollars and tokens of England and Ireland; and 45 Geo. 3. c. 42. s. 1. 48 Geo. 3. c. 31. 53 Geo. 3. c. 106. s. 1. as to Irish tokens, and see the old stat. 9 Edw. 3. stat. 2. c. 2-9 & 10.

(9) Made perp. by 39 Geo. 3.

c. 75.

Restraints of
Importation.

Popish Books,

&c.

Import from an Enemy's Country. (5)

counterfeit coin, not the proper coin of the realm, nor permitted to be current within the same, but made to resemble the coin of a foreign country, knowing it to be counterfeit, and with intent to utter it in this kingdom, he shall incur the guilt of felony, and be liable to transportation for seven years. It will be observed, that these enactments only extend to the importation of counterfeit money, and of light gold and silver coin. Bullion and foreign coin of gold or silver may be lawfully imported, and without payment of any duty (1). And an ancient statute provides, that all merchants, natives and strangers, may safely carry and bring within our said realm plate of silver and billets of gold, and all other manner of gold, and all money of gold and silver, to our bullion or to our exchanges which shall be ordained at the staples and elsewhere, taking there money of our coin of gold and silver according to the value. And if any will take good money of gold and silver of other coin than of ours in payment, he shall take the same without impeachment, so that none be thereunto compelled if he will not take it of his good will. Provided always, that no money have common course within our said realm and lands but the money of gold and silver of our coin. (2)

The importation of popish images and popish books has been prohibited, out of zeal for the interests of the established religion. To import from the see of Rome any agnus dei, crosses, beads, or other superstitious things pretended to be hallowed, is an offence that subjects the person guilty to the pains of a præmunire (3). Importing popish books subjects the offender to ■ pecuniary penalty of 40s., and the books imported are to be burned. (4)

It should also be mentioned as a branch of the law relating to the importation of merchandize, that no goods can be lawfully imported into this country from an enemy's dominions, without the licence of the crown (6). This proposition follows as a consequence of the legal doctrine which has been discussed in ano

(1) 49 Geo. 3. c. 98. sched. A. tit. Bullion.

(2) 27 Edw. 3. st. 2. Pope, tit. 148.

ch. 14.

(3) 13 Eliz. c. 2. s. 7. 4 Bla. Com. 115. 1 East. P. C. 26, 27. Pope, tit. 175.

(4) 3 Jac. 1. c. 5. s. 25. 1 East. P. C. 26. Pope, tit. 140.

(5) It should also be remembered that the East Indian trade, and consequently importation from thence, is regulated by several statutes. See post, next chapter.

(6) Potts v. Bell, 8 T. R. 548. reversing Bell v. Gilson, 1 Bos. & Pul. 345. Ante, 377. to 392.

an enemy,

ther place (1); according to which all commerce with
except with the permission of the crown, is illegal on the part of
the British subjects. The reason of the law in this particular
instance is plainly discernible, when we consider that if such an
importation were to be allowed, export duties would in most
instances be paid to the country from which the goods were
brought, and by this means the "sinews of war" would be fur-
nished to the hostile government. The legislature of this

country has been in the habit of enforcing the same policy by
acts of parliament usually passed on the commencement of hos-
tilities. It seems indeed to have been formerly the practice only to
restrain trading with the enemy by certain regulations; and in
some instances, the import trade in particular has been prohi-
bited. But it has been lately established, as above remarked,
that all trading with an enemy is forbidden at common law, and
it has been of late years universally prohibited by act of parlia
ment, under severe penalties (2). Under the stat, 3 Ann. c. 13.
which prohibited the importation of French goods during the
existing war, under the penalty of a forfeiture of the goods and
ship, one-half to her Majesty, and the other moiety to the in-
former, it was held by the court of exchequer, that French
wine bought in Holland and imported into this country by the
order of the Queen, with her money and for the necessary use of
her family, was not forfeited (3). The title of the crown to a
ship forfeited under this act also came in question in the court
of Exchequer in a case, the circumstances of which were as fol-
lows: a ship with French goods came into the port of Penzance
and was there seized by the admiral's officers as a perquisite of
the admiralty. A custom-house officer afterwards seized the
ship as forfeited on the French prohibition act; and having
exhibited an information moved for a prohibition, which was
granted on the ground" that the ship was forfeited by the act of
parliament upon coming into port, and the seizure by the admi-
ral did not prevent the forfeiture." And Lord Chief Baron Ward
cited a case in the time of Lord Hale, where goods were put on
board, on which the duty had not been paid, and carried to sea
and became flotsam; and a suit was commenced in the admi-
ralty, who have jurisdiction of flotsam; and upon an informa-
tion in the exchequer for the forfeiture, on account of the goods

(1) Ante, 377, 8, &c.

(2) See the acts of parliament collected and commented upon

to 44, and subsequent acts.

(3) Bruse v. Harcourt, Parker's Rep. Exch. 274,

Restraints on

Importation.

Restraints of
Importation.

Books and
Prints, &c.

Encouragements

having been shipped before the duty was paid, a prohibition was granted; for the crown had a title, by the forfeiture, and the goods becoming flotsam afterwards, did not purge the forfeiture."(1)

Lastly, the importation of books and certain other works of art, without the consent of the author or other person to whom the benefit of the production may have been secured, is illegal, during the term in which the sole property continues. By the copyright act (2) it is forbidden to import any books during the term of twenty-eight years, or any further time in which the exclusive property remains, without the consent of the proprietor first obtained in writing; and the importer is liable to an action on the case, at the suit of the author or other proprietor. Similar regulations have been made for the protection of pieces of sculpture (3), as well as of historical prints, or prints of any other description, engraved, etched, drawn, or designed in any part of Great Britain (4). These regulations are intended to secure to the author the benefit of his productions; the importation therefore of such inventions is considered as the infringement of a private right, and is punishable as such in an action at the suit of the proprietor.

It will now be proper to take a view of those instances in which to Importation. the importation of foreign merchandize has been deemed worthy of favour and encouragement. The general line of policy adopted by the legislature of this country, with regard to importation, has been already discussed at large (5). At the same time that it was deemed necessary to protect the manufacturing interest, either by an absolute prohibition of goods of foreign manufacture, or by exacting high duties on their importation, it was thought no less expedient to facilitate the introduction of unwrought materials, and to encourage the importation of those foreign productions in their rudest state, without which many of our own manufactures could not be carried on (6). The importation therefore of the materials of our manufactures has been sometimes encouraged by bounties, that is, by sums expressly

(1) Score v. the Lord Admiral, Parker's Rep. 273.

(2) 54 Geo. 3. c. 156. s. 4.

8 Ann. c. 19.

(3) 54 Geo. 3. c. 56.
(4) 17 Geo. 3. e. 57. 7 Geo. 3.
c. 38. 8 Geo. 2. c. 13. Pope,

tit. 172.

(5) Ante, 514. 517, &c.

(6) Stephani. v Burrow, 2 Anst. 352. Smith W. of N. b. 4. c. 8. Tucker on Naturalization Bill, 2d part, p. 7, 8, 9.